La. Admin. Code tit. 22 § I-785

Current through Register Vol. 50, No. 11, November 20, 2024
Section I-785 - Definitions [Formerly Section 375]

Administrative Segregation/Confinement (formerly referred to as Room Confinement)-a unit housing offenders whose continued presence in the general population poses a threat to life, property, self, staff, other offenders, the security or orderly running of the institution, or who are the subject of an investigation conducted by noninstitutional authorities. In addition, offenders who are pending transfer to another institution or pending assignment or reassignment within an institution may be held in "Administrative Segregation/Confinement." (Refer to Section 377. A. Disciplinary Procedures-Administrative Segregation/ Confinement Guidelines.)

Appeal - a request by an offender for review of a disciplinary decision.

Classification - a process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.

Confidential Informant - person whose identity is not revealed to the accused offender but who provides an employee(s) with information concerning misbehavior or planned misbehavior.

Disciplinary Committee - a properly composed committee will consist of two employees: a duly authorized chairman, and a duly authorized member; each representing a different element (security, administration, or treatment) and authorized to conduct hearings and impose disciplinary sanctions in compliance with the procedures set forth in this document. The chairman must be approved by the secretary and the member must be approved by the superintendent. Any disciplinary committee chairman/member directly involved in the incident or who is biased for or against the accused cannot hear the case unless the accused waives recusal. Performance of a routine administrative duty does not necessarily constitute "direct involvement" or "bias." If the decision of the disciplinary committee is not unanimous, the chairman will refer the case to another disciplinary committee. If the second decision is not unanimous, then a finding of not guilty is appropriate.

Disciplinary Hearing Officer - a ranking security officer (lieutenant or above) or any supervisory level employee from administration or treatment appointed by the superintendent who conducts hearings of minor violations and who may impose only minor sanctions. The disciplinary hearing officer may also hear protective custody cases. Any disciplinary hearing officer directly involved in the incident or who is biased for or against the accused cannot hear the case unless the accused waives recusal. Performance of a routine administrative duty does not necessarily constitute "direct involvement" or "bias."

Disciplinary Report - a report on the approved form completed and filed by an employee who has reason to believe of his own knowledge that an offender has violated one or more disciplinary rules. Disciplinary reports may be heard by the disciplinary hearing officer or the disciplinary committee. (See also Incident Report)

Hearing - a fair and impartial review conducted by the disciplinary hearing officer or the disciplinary committee. A hearing must be scheduled as soon as possible but no later than seven days, excluding weekends and holidays, after the alleged violation.

Incident Report - a report on the approved form filed by an employee describing an instance of planned or committed misbehavior (usually filed when the information is obtained through sources other than the reporting employee's first hand knowledge-sources such as confidential informants, other offenders, or nonemployees), or to describe planned or committed misbehavior that may not be defined under a specific rule description. In addition, a document that may be used to review the appropriateness of a custody or classification assignment. Incident reports are heard by the disciplinary committee. (See also Disciplinary Report)

Informal Resolution - a procedure used when a minor rule has been violated and the employee believes it may properly be handled by reprimand and/or counseling.

Investigative Officer - an experienced employee assigned by the disciplinary committee or other appropriate staff to investigate a disciplinary report utilizing Form JR-8.

Investigative Report - a report on the approved form submitted to the disciplinary committee/hearing officer by an investigative officer detailing the facts pertaining to an investigation.

Major Offense - Schedule B rule violation. (Refer to §383.)

Minor Offense - Schedule A rule violation. (Refer to §381)

Restitution - restitution may be obtained by a disciplinary committee in accordance with Department Regulation Number 30-41 from an offender who damages or destroys property, escapes or attempts to escape, causes or attempts to cause injury to himself, other offenders, staff and/or civilians (this includes lost wages), or who has a pattern of alleging injury or illness with the result that medical expenses are incurred and after a finding of guilt by the disciplinary committee following a full (due process) hearing. Restitution is not a disciplinary penalty.

Sanction - a disciplinary penalty.

Special Unit - a housing section that separates offenders who threaten the security or orderly management of the institution from the general population.

Staff Representative - a staff member selected by the offender in accordance with institutional procedure for the purpose of representing the offender before the disciplinary committee chairman/hearing officer. (See Form JR-1 for duties of staff representative and exceptions.) The superintendent or his designee shall publish a list of names of staff representatives and shall make the list available to the disciplinary hearing officers, disciplinary committee chairmen, and offenders. All case managers should appear on the list, as well as selected administrative, educational, security and other personnel. The case manager should normally be chosen; however, any employee chosen must be on duty at the time of the hearing and must be able to perform the function without serious disruption to normal job responsibilities. Employees who write the disciplinary report, who witness the reported incident, who investigate the incident, or conduct the disciplinary hearings may not act as staff representative for the particular case. If the staff representative encounters difficulties during the representation that he believes will prevent him from functioning properly (i.e., biases which would prevent him from being an offender advocate), he should request approval from the disciplinary committee chairman/hearing officer to be disqualified from the case.

La. Admin. Code tit. 22, § I-785

Promulgated by the Department of Public Safety and Corrections, Corrections Services, Office of Youth Development, LR 20:58 (January 1994).
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:823.